P. v. Bowers

Filed 5/25/06  P. v. Bowers CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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     Defendant Gene Bowers pleaded no contest to one count of intentionally and maliciously killing a living animal.  (Pen. Code, § 597, subd (a).)  Placed on probation for five years, defendant appeals, and argues the order granting probation incorrectly requires him to report to the Sacramento County Department of Revenue Recovery to undergo a financial evaluation of his ability to repay the $358 cost of preparing his presentence probation report, since the trial court at sentencing stated that defendant would not be obligated to reimburse the County of Sacramento for that expense.  The People properly concede the issue pursuant to the rule that the court's oral pronouncement of judgment controls its written rendition.  (People v. Mesa (1975) 14 Cal.3d 466, 471.) 

DISPOSITION

     The trial court is ordered to issue an amended order granting probation which omits the directive that defendant report to the Department of Revenue Recovery for the purpose of assessing his financial ability to pay the cost of preparing the presentence probation report.  As modified, the order granting probation is affirmed. 

                    BUTZ           , J.

We concur:

          BLEASE         , Acting P. J.

          MORRISON       , J.

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